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B-181223 1 (1976-04-30)

handle is hein.gao/gaobaddof0001 and id is 1 raw text is: DECISI FILE: B-1 81223 DATE: APR 3 0 1976 L~L/L~ qqoc0 0 MATTER OF: DIGEST: Air Traffic Controllers - Retroactive position classification - Agency suspension of allocation activity Agency suspended classification allocations of air traffic controller positions from September 12, 1973, to July 7, 1974. There is no authority to effect promotions retroactively that would have occurred but for such suspension. This action involves a request for a Comptroller General ruling on entitlement of certain* air traffic controllers employed by the Federal Aviation Administration (FAA) to have their pro- motions in grade effected retroactively incident to the classifica- tion of their positions. The General Counsel for the petitioner-- Professional Air Traffic Controllers Organization (PATCO)--states that it is the duly certified exclusive bargaining representative for .the subject employees. The request was the subject matter of two prior com- munications from this Office on March 13, 1975, and April 23, 1975, to PATCO in response to its letters of September 26, 1974; January 17, 1975; and March 17, 1975. In the letter of September 26, 1974, it was stated that PATCO had filed a legal proceeding in 1970 against the FAA and the Civil Service Commission (CSC) in which it was alleged that the classi- fication guidelines of the FAA and the classification standards of the CSC were illegal because, inter alia, they caused and permitted the establishment of grade levels for controllers based solely on the volume of traffic handled by the facility in which the individual worked. PATCO stated that the matter had not been brought to trial, nor the legal issues adjudicated, and the matter is still pending before the court. Additionally, it was stated that on or about July 7, 1973, the controllers employed at the FAA facility, Oakland Center, began receiving notices to the effect that they would be demoted to a lower grade level because of the decrease in air activity at Oakland. PATCO sought and obtained injunctive relief against these demotions. In pertinent part the PATCO letter of September 26, 1974, reads as follows: 7 THE COMPTROLLER GENERAL ON . 4 . OF THE UNITED STATES WASHINGTON, D. C. 20548 a

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